Town of Portugal Cove-St. Philip's Municipal Plan 2014 - 2024

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Government of Newfoundland and Labrador gewroundland Department of Municipal and Intergovernmental Affairs Labrador Land Use Planning, Lands Branch

COR/2015/04117

September 5, 2015

Les Spurrell Town of Portugal Cove- St. Philips 1119 Thorburn Road Portugal Cove-St. Philips, NL AIM 1T6

Dear Mr. Spurrell:

PORTUGAL COVE-ST. PHILIP'S Development Regulations Amendment No. 2, 2015

Iam pleased to inform you that the Town of Portugal Development Regulations No 2, 2015, as adopted by Council on the 25th day of August, 2015, has now been registered.

Council must publish, within 10 days of this letter, a notice in the Newfoundland and Labrador Gazette. This Amendment will come into effect on the date that this notice appears in the Gazette. The notice must also appear in a local newspaper.

The Newfoundland and Labrador Gazette is published every Friday. Notices must be submitted a week in advance. Council can submit the notice by email ([email protected]), by fax (729-1900) or by mail (Queen's Printer, P.O. Box 8700, St. John's, and NL, MB 4J6.

Council's registered copy of the Amendment is enclosed. As it is a legal document, it should be reserved in a safe place.

Yours truly,

Corrie Davis, MCIP Manager Land Use Planning, Lands Branch

Encls.

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P.O. Box 8700, St. John's, NL, Canada MB 4J6 t 709.729-3090 f 709.729-0477 TOWN OF PORTUGAL COVE-ST. PHILIP'S MUNICIPAL PLAN 2014 - 2024

Portugal Gove St. Philip's

DEVELOPMENT REGULATIONS AMENDMENT No. 2, 2015

JULY 2015

Pt %N-

ENV !RONNIE NT

URBAN AND RURAL PLANNING ACT RESOLUTION TO ADOPT TOWN OF PORTUGAL COVE-ST. PHILIP'S DEVELOPMENT REGULATIONS AMENDMENT No. 2, 2015

Under the authority of Section 16 of the Urban and Rural Planning Act, the Town Council of Portugal Cove-St. Philip's adopts the Town of Portugal Cove-St. Philip's Development Regulations Amendment No. 2, 2015.

Adopted by the Town Council of Portugal Cove-St. Philip's on the 25th day of August, 2015.

Signed and sealed this a(a day of ; 2015.

Mayor: (Council Seal)

Clerk:

CANADIAN INSTITUTE OF PLANNERS CERTIFICATION

I certify that the attached Town of Portugal Cove-St. Philip's Development Regulations Amendment No. 2, 2015, has been prepared in accordance with the requirements of the Urban and Rural Planning Act.

`o G-41,6 et, - r Development Regulations/Amendment G), REGISTERED PLA S

Number HCCO 201 S 4i,c/pCANA00)>&>. ,o,e Date 4- e.-1 Signature te170 01 TOWN OF PORTUGAL COVE-ST. PHILIP'S DEVELOPMENT REGULATIONS AMENDMENT No. 2, 2015

BACKGROUND

The Town of Portugal Cove-St. Philip's proposes to amend its Development Regulations. In 2014, the Portugal Cove-St. Philip's Development Regulations 2014- 2024 came into effect. These new Development Regulations rescinded and replaced the 1994-2004 Development Regulations. The Town has become aware that some standards and conditions in the 1994-2004 Development Regulations were not bought forward into the 2014-2024 Development Regulations.

The purpose of this amendment is to bring forward standards and conditions that existed in the previous Regulations that the Town would like to form part of the 2014- 2024 Development Regulations.

ST. JOHN'S URBAN REGION REGIONAL PLAN

The proposed Development Regulations Amendment No. 2, 2015 consists of text changes to 2014-2024 Development Regulations and conforms to the St. John's Urban Region Regional Plan. It is concluded that no Regional Plan Amendment is required.

PUBLIC CONSULTATION

During the preparation of this amendment Council undertook the following initiative so that individuals and groups could provide input to the proposed amendment. The Town Council of Portugal Cove-St. Philip's published a notice in The Telegram newspaper on August 1st, 2015, advertising the proposed amendment seeking comments or representations from the public. A copy of the Public Notice was posted on the Town's website and the draft amendment was placed on display at the Town Council office. Residents were invited to view the documents between August 3 rd, 2015, and August 13th, 2015 and to provide any comments or concerns in writing to Council by the August 13th, 2015 deadline. No written comments or objections were received. DEVELOPMENT REGULATIONS AMENDMENT No. 2, 2015

The Town of Portugal Cove-St. Philip's Development Regulations are amended by Deleting with highlighted strikeout, and Adding the following text to the following conditions and standards as shown below.

A) Development Regulation 39 (3) Accessory Buildings

, Council mya approve a building closer to the location of an accessory street building line than the main dwelling (a) where Council: Council considers that the proposed location complements the historical development pattern in the surrounding area, such as the heritage homes near the harbour areas that have reduced setbacks; (b) Council considers that the location as required under Regulation 39 (2) would pose a threat to road safety; (c) Council finds that the physical limitations of the property would not allow for the development of an accessory building as required (2); and, under-Regulation-39 (d) Council considers that the proposed location as required 9-(2) tiRder-Regulatien would adversely affect the view from neighbouring homes, and (e) at Council's discretion, when the property has a minimum lot area of 4,000 m 2 and a front yard that is sufficient enough so that the proposed location will not have an adverse effect on the enjoyment of surrounding properties or pose a threat to road safety.

8) Development Regulation 48 Existing Lot Area and Size Exceptions

Where, at the time of the coming into effect of these existed, Regulations, a lot which had a legal land survey, ti4e- anA-Fegistered-with Regiarzy-of--Deeds, but which does not comply with the lot area and lo frontage requirements t . , then these Regulations shall not prevent the issuing of a permit by Council for the erection of a building thereon, provided that:

Development Regulation 88 Subdivision of Land (1) Land for Public Open Space

Where a parcel of land is proposed to be subdivided into four (4) lots or more, the developer shall dedicate to Council, at no cost to Council, a-n a useable area of land equivalent to not more than 10% of the gross area of the subdivision or 25.0 m 2 (269 square feet) for every dwelling unit permitted in the subdivision, whichever is the greater, for public open space, provided that: D) Development Regulation 90 Subdivision Design Standards

i) 200.0m (656.2 feet) in areas served by or planned to be served by municipal piped water and sewer services, as shown in the map and letter of agreement signed by the Municipality and the Minister in connection with municipal five-year capital works program eligibility;

ii) 300.0m (984.2 feet) in areas not served by or planned to be served by municipal piped water and sewer services; and

iii) greater in length as described in Regulation 90(2)(ii) where it can be determined that the cul de sac will round out an existing subdivision only and where no alternative means of access can be acquired;

iv) determined at the discretion of Council to a maximum of 300.0m (984.2 feet), in areas served by or planned to be served by only one municipal service (semi-serviced development).

E) Deleting and Adding the following highlighted text to the Residential Medium Density (RMD) Land Use Zone Table, Schedule C:

RMD Fully-Serviced Lots (municipal water & municipal sewer) STANDARDS Single Dwellings Multiple Dwellings Apartment Buildings Existing New Pond Double Row One Two Streets Three Four Streets Frontage Dwelling Dwelling Min. Lot Area (m2) Bdrm Bdrm Bdrm Bdrm 470 690 3,000 390* 350* 200' Min. Floor Area (m2) 200* 250* 300* 80 80 80 80* 65* 40* 40' Min. Frontage (m) 15 50* .._. 60* 23 30 13* 12* Min. Pond Frontage (m) 36 30 Min. Front Yard (m) 6 6 6 6 6 Max. Front Yard (m) 8 32 32 30 See 32 32 32 General Provision 10 Min. Side Yard (m) 2.5 & 1 2.5 3 6 2.5 2.5 Min. Distance Between 3.5 Dwellings (m) Min. Rear Yard (m) 9 9 9 9 9 14 Max. Lot Coverage (%) 33 33 33 33 33 Max. Height 33 (m) 10 10 10 10 10 * per unit 10 RMD Semi-Serviced Lots (municipal water and on-site sewer) STANDARDS Single Dwelling Existing & New Streets Pond Frontage Min. Lot Area (m2) 1,860 3,000 Min. Floor Area (m2) 80 80 Min. Frontage (m) 23 30 Min. Pond Frontage (m) 30 Min. Front Yard (m) 6 9 Max. Front Yard (m) 32 30-See General Provision 10 Min. Side Yard (m) 2.5 3 6 Min. Rear Yard (m) 9 9 Max. Lot Coverage (%) 33 33 Max. Height (m) 10 '=pef-uciit 10

RMD Semi-Serviced Lots (on-site water and municipal sewer) STANDARDS Single Dwelling Existing & New Streets Pond Frontage Min. Lot Area (m2) 1,400 3,000 Min. Floor Area (m2) 80 Min. 80 Frontage (m) 23 Min. Pond Frontage (m) 30 30 Min. Front Yard (m) 6 9 Max. Front Yard (m) 32 30-See General Provision 10 Min. Side Yard (m) 2.5 6 Min. Rear Yard (m) 9 9 Max. Lot Coverage (%) 33 33 Max. Height (m) 10 =peFiiRit 10

RMD Un-Serviced Lots (on-site water and on-site sewer) STANDARDS Single Dwellings Existing Streets New Streets Min. Lot Area (m2) Pond Frontage 1,860 4,000 Min. Floor Area (m2) 8,000 80 80 Min. Frontage (m) 80 23 23 30 ______H Min. Pond Frontage (m) Min. Front Yard (m) 30 9 9 Max. Front Yard (m) 9 1 32 32 Min. Side Yard (m) 30-See General Provision 10 3 3 Min. Rear Yard (m) 6 9 9 Max. Lot Coverage (%) 9 25 25 Max. Height (m) 25 10 10 10

F) Deleting , and Adding the following text to Condition 1, Accessory Buildings, in the Residential Medium Density (RMD) Land Use Zone Table, Schedule C: Accessory Building Development Standards Standards 2 Less than 1,860m 1,861m2 to 4,000M2 Max. Floor Area larger than 4,000m2 56m2 or 9% of total lot size 70m2 94m` Discretion of Council (whichever is less) with Public Notice where proposed size is Max. Height greater than 94m2 4.0m 4.5m Min. Front Yard 5.0m 970m 6.0m Min. Side Yard & 1.5m Rear Yard

Min. Distance from Another Building 3.0m

(e) An accessory building will be permitted only in the rear yard or side yard of the main building except as otherwise authorized by Council as—per--Development Regulation-3-9;

G) Deleting , and Adding the following highlighted text to the Residential Low Density (RLD) Land Use Zone Table, Schedule C:

KLu Fully-Serviced Lots (municipal water & municipal sewer) STANDARDS Single Dwellings Multiple Dwellings Existing Streets New Streets Pond Frontage Min. Lot Area (m2) Double Dwelling 690 1,400 3,000 Min. Floor Area (m2) 1,400* 80 80 80 Min. Frontage (m) 80* _ 23 23 30 Min. Pond Frontage (m) 23* 30 Min. Front Yard (m) 9 6 9 6 9 Max. Front Yard (m) 6 32 32 30-See General Provision 10 Min. Side Yard (m) 32 2.5 3 6 Min. Rear Yard (m) I9 3 9 9 Max. Lot Coverage (%) 9 25 25 25 Max. Height (m) 25 10 10 10 * per unit 10 RLD Semi-Serviced Lots (municipal water and on-site sewer OR municipal sewer and on-site water) STANDARDS Single Dwellings Existing Streets New Streets Pond Front Min. Lot Area (m`) 1,860 3,000 8,000 Min. Floor Area (m2) 80 80 80 Min. Frontage (m) 30 30 4-5 30 Min. Pond Frontage (m) 30 Min. Front Yard (m) 9 9 9 Max. Front Yard (m) 32 32 30.-See Generol Provision 10 Min. Side Yard (m) 3 3 6 Min. Rear Yard (m) 9 9 1-5 9 Max. Lot Coverage (%) 25 25 25 Max. Height (m) 10 10 10

RLD Un-Serviced Lots (on-site water AND on-site sewer)

STANDARDS Single Dwellings Existing Streets New Streets Pond Frontage Min. Lot Area (m2) 1,860 4,000 8,000 Min. Floor Area (m2) 80 80 80 Min. Frontage (m) 30 30 30 Min. Pond Frontage (m) 30 Min. Front Yard (m) 9 9 9 Max. Front Yard (m) 32 32 30-See General Provision 10 Min. Side Yard (m) 3 3 6 Min. Rear Yard (m) 9 9 9 Max. Lot Coverage (%) 25 25 25 Max. Height (m) 10 10 10

.--.) Deleting , and Adding the following text to Condition 1, Accessory Buildings, in the Residential Low Density (RLD) Land Use Zone Table, Schedule C:

Accessory Building Development Standards Standards Less than 1,860m2 1,861m2 to 4,000m2 larger than 4,000m2 Max. Floor Area 56m2 2 or 9% of total lot size 70m2 94m Discretion of Council (whichever is less) with Public Notice where proposed size is greater than 94m2 Max. Height 4.0m 4.5m 5.0m Min. Front Yard 9,0fn 6.0m Min. Side Yard & 1.5m Rear Yard

Min. Distance from Another Building 3.0m 47rmaa (e) An accessory building will be permitted only in the rear yard or side yard of the main building except as otherwise authorized by Council as Rego n ation —per—Develepffient

I) Adding the following highlighted text to the Residential Rural (RR) Land Use Zone Table, Schedule C:

RR Un-Serviced Lots (on-site water & on-site sewer) STANDARDS Single Dwellings

Existing & New Streets Pond Frontage Min. Lot Area (m2) 4,000 8,000 Min. Floor Area (m2) 80 ,..., 80 Min. Frontage (m) 30 30 Min. Pond Frontage (m) 30 Min. Front Yard (m) 9 15 Max. Front Yard (m) 32 30-See General Provision 10 Min. Side Yard (m) 3 6 Min. Rear Yard (m) 15 15 Max. Lot Coverage (%) 20 20 Max. Height (m) 10 10 J

Deleting and Adding the following text to Condition 1, Accessory Buildings, in the Residential Rural (RR) Land Use Zone Table, Schedule C:

Accessory Building Development Standards Standards 2 Less than 1,860m 2 2 2 1,861m to 4,000m larger than 4,000m Max. Floor Area 56m2 or 9% of total lot size 2 70m2 94m Discretion of Council (whichever is less) with Public Notice where proposed size is Max. Height greater than 94m2 4.0m , 4.5m 5.0m Min. Front Yard 9.0m Min. Side Yard & 1.5m Rear Yard

Min. Distance from Another Building 3.0 m

(e) An accessory building will be permitted only in the rear yard or side yard of the main building except as otherwise authorized by Council as per Development Regulation-3g;

Deleting -c. , and Adding the following highlighted text to the Traditional Community (TC) Land Use Zone Table, Schedule C:

TC Fully-Serviced Lots (municipal water & municipal sewer)

STANDARDS Single Dwelling Multiple Dwellings Existing & New Streets Pond Frontage Double Dwelling Min. Lot Area (m2) 470 .3,000 390* Min. Floor Area (m2) 65 65 65* Max. Floor Area (m2) see Condition 3 -1 Min, Frontage (m) 15 30 20* ----1 Min. Pond Frontage (m) 30 1 Min. Front Yard (m) 6 6 6 Max. Front Yard (m) 32 See General Provision 10 32 Min. Side Yard (m) ...... _ 1 6 1 Min. Rear Yard (m) 9 9 _—_ 9 Max. Lot Coverage (%) 33 33 33 Max. Height (m) 8 8 8 * per unit

TC Semi-Serviced Lots (municipal water and on-site sewer) STANDARDS Single Dwelling Multiple Dwellings Existing & New Streets Pond Frontage Double Dwelling Min. Lot Area (m 2) 1,860 3,000 1,400* Min. Floor Area (m 2) 65 65 65* Max. Floor Area (m2) see Condition 3 Min. Frontage (m) 23 30 23* Min. Pond Frontage (m) 30 Min. Front Yard (m) 6 9 6 Max. Front Yard (m) 32 See General Provision 10 32 Min. Side Yard (m) 1 2.5 6 1 2. S Min. Rear Yard (m) 9 9 9 Max. Lot Coverage (%) 33 33 33 Max. Height (m) 8 8 8 * per unit TC Semi-Serviced Lots (on-site water and municipal sewer)

STANDARDS Single Dwelling Multiple Dwellings Existing & New Streets Pond Frontage Double Dwelling Min. Lot Area (m2) 1,400 3,000 1,400* Min. Floor Area (m2) 65 65 65* Max. Floor Area (m2) see Condition 3 Min. Frontage (m) 23 30 23* Min. Pond Frontage (m) 30 Min. Front Yard (m) 6 9 6 Max. Front Yard (m) 32 See General Provision 10 32 Min. Side Yard (m) I 2.5 6 1 2.5 Min. Rear Yard (m) 9 9 9 Max. Lot Coverage (%) 33 33 ___ _ 33 Max, Height (m) 8 8 8 * per unit

TC Un-Serviced Lots (on-site water and on-site sewer) STANDARDS __.- Single Dwelling Multiple Dwellings Existing & New Streets Pond Frontage..._ Double Dwelling Min. Lot Area (m2) 1,860 8,000 1,500* Min, Floor Area (m2) 65 65 65* Max. Floor Area (m2) see Condition 3 Min. Frontage (m) 30 30 30* Min. Pond Frontage (m) 30 Min. Front Yard (m) 69 9 6 9 Max. Front Yard (m) 32 See General Provision 10 32 Min. Side Yard (m) 4 3 6 3 Min. Rear Yard (m) 9 9 9 Max. Lot Coverage (%) 33 33 33 Max. Height (m) 8 8 * per unit 8

Deleting the Condition 1 Table, Accessory Buildings, in the Traditional Community (TC) Land Use Zone Table, Schedule C, and following: Replacing with the

Accessory Building Development Standards Standards 2 Less than 1,860m 1,861m2 to 4,000m2 larger than 4,000m Max. Floor Area 2 56m2 or 7% of total lot size 70m2 94m2 Discretion of Council (whichever is less) with Public Notice where proposed size is greater Max. Height than 94m2 4.0m 4.5m Min. Front Yard 5.0m 6.0m Min. Side Yard & 1.5m Rear Yard

Min. Distance from Another Building 3.0m (e) An accessory building will be permitted only in the rear yard or side yard of the main building except as otherwise authorized by Council as per Development Regti-at+en 39;

Deleting -:. and Adding the following text to Condition 9, Minor Steep Slopes-Infill Residential, in the Traditional Community (TC) Land Use Zone Table, Schedule C as shown below:

Where Council considers such an infill residential application, the proposed development must meet all other terms and conditions of this use zone; must respect and minimize the impact on the natural heritage of the traditional communities of Portugal Cove and St. Philip's in Broad Cove; must meet all other requirements of these Development Regulations, as well as any necessary provincial approvals, and may be required be to submit a qualified geotechnical/ engineering consultant report in support of the development proposal.

N) Deleting -e. and Adding the following highlighted text to the Mixed Use (MIX) Land Use Zone Table, Schedule C:

MIX Fully-Serviced Lots (municipal water & municipal sewer) STANDARDS Single Dwelling Multiple Dwellings ______New & Existing Streets Pond Frontage Double Dwelling Min. Lot Area (m2) 470 3,000 390* Min. Floor Area (m2) 65 65 65* Min. Frontage (m) 15 —, 30 20* Min. Pond Frontage (m) 30 Min. Front Yard (m) 6 9 6 Max. Front Yard (m) 32 See General Provision 10 32 Min. Side Yard (m) 2.5 R 1 6 2.5 Min. Distance Between Dwellings (m) 3.5 Min. Rear Yard (m) 69 9 6 9 Max. Lot Coverage (%) 33 33 33 Max. Height (m) 10 10 10 * per unit MIX Semi-Serviced Lots (municipal water and on-site sewer) STANDARDS Single Dwelling Multiple Dwellings Existing & New Streets Pond Frontage Double Dwelling Min. Lot Area (m2) 1,860 3,000 1,400* Min. Floor Area (m2) 65 65 65* Min. Frontage (m) 23 30 23* Min. Pond Frontage (m) 30

Min. Front Yard (m) 6 ------9 6 Max. Front Yard (m) 32 See General Provision 10 32 Min. Side Yard (m) 4 2.5 6 425 Min. Rear Yard (m) 9 9 9 Max. Lot Coverage (%) 33 ---1 33 33 Max. Height (m) 10 _1 10 10 * per unit

MIX Semi-Serviced Lots (on-site water and municipal sewer) STANDARDS Single Dwelling Multiple Dwellings Existing & New Streets Pond Frontage Double Dwelling Min. Lot Area (m2) 1,400 3,000 1,400* ._ Min. Floor Area (m2) 65 65 65* Min. Frontage (m) 23 30 23* Min. Pond Frontage (m) 30 Min. Front Yard (m) 6 9 6 Max. Front Yard (m) 32 See General Provision 10 ..... 32 Min. Side Yard (m) 42.5 6 1 2.5 Min. Rear Yard (m) 9 9 9 Max. Lot Coverage (%) 33 33 1 33 Max. Height (m) 10 10 10 * per unit

MIX Un-Serviced Lots (on-site water and on-site sewer) STANDARDS Single Dwelling Multiple Dwellings Existing & New Streets __ __f Pond Frontage Double Dwelling Min. Lot Area (m2) 1,860 8,000 1,500* Min. Floor Area (m2) 65 65 .._.. _ 65* Min. Frontage (m) 30 30 ____ _, 30* Min. Pond Frontage (m) 30 Min. Front Yard (m) 6 9 9 6 9 Max. Front Yard (m) 32 See General Provision 10 32 Min. Side Yard (m) 43 6 43 Min. Rear Yard (m) 9 9 9 Max. Lot Coverage %) 33 33 33 Max. Height (m) 10 —i 10 10 * per unit Deleting the Condition 1 Table, Accessory Buildings, in the Mixed Use (MIX) Land Use Zone Table, Schedule C, and Replacing with the following:

Accessory Building Development Standards Standards Less than 1,860m 2 1,861m2 to 4,000m2 Max. Floor Area larger than 4,000m2 56m2 or 7% of total lot size 70m2 94m2 Discretion of Council (whichever is less) with Public Notice where proposed size is greater Max. Height than 94m' 4.0m 4.5m 5.0m Min. Front Yard 6.0m Min, Side Yard & 1.5m Rear Yard

Min. Distance from Another Building 3.0m

(e) An accessory building will be permitted only in the rear yard or side yard of the main building except as otherwise authorized by Council as-per---D-evelo-p-ment Regutatio-n-3-9;

P) Amending Condition 5(B) Single Dwelling Not Subsidiary to a Main Use, of the Rural (RUR Land Use Zone Table, Schedule C, by Adding the following: B. Single Dwelling Not Subsidiary to a Main Use

Council may consider single dwellings as a discretionary use within the Rural designated areas where the proposed dwelling is not subsidiary to a primary use, based upon the following indicative criterion: (a) The single dwelling development cannot be located on lands with potential for forestry, agriculture, mineral extraction, conservation and recreation, or within protected water supply areas; (b) The proposed site for single dwelling development is not environmentally sensitive, and the site can accommodate the development with minimal impact on the natural landscape; (c) The site has adequate soil conditions and groundwater supply; and, (d) The single dwelling development is not intended for seasonal residential or cottage use. (e) Only if Council is satisfied that it will not have an adverse impact on existing or future development of the surrounding area for uses listed in the Permitted or Discretionary Use Classes; (f) Only if the proposed lot fronts directly on an existing public street, and (g) Only if it meets the same standards for single dwellings as specified for the Residential Rural zone.

Deleting with-highlightcd strikeout , and Adding the following text to Condition 2, Watercourses, in the Environmental Protection Overlay, Schedule E as shown below:

No development activity shall be undertaken within this buffer without the approval firstly of the Federal Department of Fisheries and Oceans and then, by Council (at its discretion).

R) Deleting , and Adding the following text to Condition 3, Water Bodies, in the Environmental Protection Overlay, Schedule E as shown below:

Any development that occurs within this buffer shall seek the appropriate approvals

No development activity shall be undertaken within this buffer without the approval firstly of the Federal Department of Fisheries and Oceans and then, by Council (at its discretion). S) Amending General Regulations Condition 9 Permit Not to be Issued in Certain Cases, by Adding the following:

9. PERMIT NOT TO BE ISSUED IN CERTAIN CASES

Neither a permit nor approval in principle shall be issued for development within the Planning Area when it is premature by reason of the site lacking adequate road access, power, drainage, sanitary facilities, or domestic water supply, or being beyond the natural development of the area at the time of application unless the applicant contracts to pay the full cost of construction of the services deemed necessary by Council and such cost shall attach to and upon the property in respect of which it is imposed. (2) A permit shall not be issued for development within the Planning Area unless the owner of the property which is the subject of the application remits payment of any and all outstanding taxes for the previous calendar year, and any and all other fees, or charges owed by the owner, whether or not the said taxes, fees or charges pertain to the property which is the subject of the application. Council may, in its sole discretion, waive this requirement upon the owner making satisfactory payment arrangements for such taxes, fees or charges.